New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-12-14
THE COURT AGAINST ITSELF.
ANOTHER VIEW or THE SHARP DECISION.


r.. d. r. REPLIES To COUNTRY LAWYER" AND RE-
CALLS JOKE NOT LOST But GONE FoHE.
TO no Editor Of rhe Trfbunc
SIR: The purpose | had in viev In ASKING you to
print my comments tho action VI the Court Of
Appeals in tho Sharp was merely To yet people
thinning II seems 10 have succeeded The matter Is
being talked about all the State. and hen the
people begin consider the battle is practically won
OF course thero have been some Daiured comments
my arguments. Lawyers like my Mugwump friend,
Mr. d. II. Chamberlain, who think TO enrfy favor
with the Court OF Appeals, nave hurried int print
with fulsomo batteries Of tho Judges inmatIng that
they arc spocss saints Of supernatural Saeacity and
must be spoken of therefore with bacd breath and
lifted eyes
Now sir, while I do not consider these judges In
falliblc, have a much higher opinion q them than
these TO have. They occasionally max,
bad law and let great knaycs cscapo to tho serious
damage OF Justice. but don't believe them rapablc
Of petty acts Of favOrtsm resentment The Amcri-
people their masters and reserve the
right Ia approve censUro all who serve them.
There Ia for spaing judges who merely
interpret the laws than legislators who mako thcm.
We should I've Just to all and keep before all clear
sense Of their accountability.
THE BILL or Rights ARGUMENT.
"Country Lawyer * tho only person who eerons'y
attempts TO answer my arguments, and beg Of you
a brief spare In which to show him how wrong he -.
Put into nutshell. his claim Is that unless he word
investigation" occurring in Section 10 If the Penal
Code, refers to Legislative inquiry, then the use
upon a defendants trial Of testimony gwen before
Committee Of the legislature violates that article Of
the BIZ Of Rights which declares that no person
shall be- compelled In any criminal case to crimnaie
himself" This II queer argument Certainly IL
could never have been the view which actuated the
Court OF Appeals to the Sharp judgment, for
In the celebrated Mondon Csee 1913 n. Y, PIP.
-
Of law Is laid down II there distinctly held that
tie protection guaranteed by the Bin of Rights IN
urcd 10 man Onty When ne mana OF me TAR IS
dctuiy upon him. said Judge Rapalo, W hen Il
coroncr's Inquest 4, held, before it has been
a-ccrtalned that crime has been committed. or before
any person has been arrested charged with rhine
(Now, mark that, please. IT was precisely the
condition Of things when the senate Committee was
Folding its inquiry.
and a witness Is called and-eworn before the
coroners jury testimony OF that witness. shopd he
aitcrwa ard be charged with crime. "oy Ie used
agatast him on his tsm.
ONLY PRIVILEGED WHEN ACCUSED.
Is not this complete authorization Of tho use of
sharp, tcsilnouyl OF course IT. Is. and It Is made
n,c stronger because Legislative Committee l. f.r
less judicial and lar more Informal In is character
than u cOlOnci's Inquest Its purpose IS merely {"
obtain Information for tho Use Of the la" mahrrS'
TN. coroner on the other hand, Inquiries that hc may
bring criminals 10 justice. lhH tpiHHli'' can u"'5
t,.tn,.f hack IL, findings. Tho CuiULcr j. 40
warrants. 81,
5u, that no of doubt should ever arisc IL 10 mo
rufrui w. rD 4 fic~ under ne 'Oi-in 'i7
plot", ion, the ca..,, "Jn coniiti'' ana marx now
n seem, 20 hicscc the Clfari- dutf- 81 Inc 'NalP
c,.c. The mere fact II s,}- fat Al The tlmo ot
Ii~ eIa,,inaiIou was aware tldt a ruu' "'' '",-
pcrtrl iul that Wa eu,p .cfoi 81 icrS lh' rlbld
f, u nrt prevent his ncng rcslrle II mere mess
vlo.c testimony ma, be afctw' rd slNcn In EVIDENCE
again. hlu-c.I' an,
when rhrn. docs a suspect secure immunity Tho
Cnurtan.Wcr- rirtiIy aud declares " doctrine "h Il u
l,- :, rrpid d'r in order t. ~ri sharp nee ''" "
Al tie tuIr ~ hi- exauin1t II dpp"ar that crime
La Irrn committed. ard that hc s ln cr-i"dy n me
.uppo.ed criminal. he l. not regarded merely ~
Wines. lu' a. o party nccu-"i,' anl ncn he Is pro
ioctod hy the to',ifu'ion . -
1li. -scufs 10 al pose of country I3wNcro 'ftp
mont which lamrly rested tho Eil! Of Rights lie
r,i..-l l, foundations flHrc. fancy. ana lLu~ en-
,rirI u, "a draw an analogy lriw"cn tho coroner
Inquest and Legislative invest eailY br'A'r ,'h '''c
CO. M al Arurll. De dared no' r"et i on the hir'fy
cf.l.c. lu ITO Penal COD" AID M the '"uetHu i"htl
Amendment The Argument made by Judge DANES
and Van rrunf is not ,weIcd and never can b''
AJ,Ky ts.L,ip FOREVER At Rrsr
see that tho District Attorney thinks 1t would be
useless TO adopt tho -ussci'ion to move Tor 10
argument presume he Is right. II would be
cruel ~ ak the Judges to explain Themselves away
u used To Do ono OF the most ancient and cherished
ok.e ~ our profess that the Court of App'as was
doing very well II IL avoided dccihug b"ih way on
,okc T. nov - an chestnut Alas II Is 40 Joke
AT nh certainly not Il unhappy snlt"r i"i ~
ne ccrhfarl Srhulfing ca,r, the count. on prcclSrly
the .amc facts gave one man niard) his money am
dd lttootu tie same volume and almost ON tle Sa n
t,..,. Read tho opinions, Mr. EdltOI. lOu WI n"'
them I'm s5 y \. PIP o2- 90 h. " "